Legal Question in Real Estate Law in Missouri

Tenant didn't pay rent; moved out without notice

My father-in-law passed away in January and my husband and I(we live in California) are now taking care of his property (in Missouri) that was being rented. The renter did not pay any rent to us in January or February so our lawyer sent him a letter stating that he had until March 15th to pay for Jan-Mar rent or we would evict. Turns out the renter moved out, leaving the house unlocked, since receiving that letter (assuming he was evicted) and did not tell us. We now find out from him that he has filed for bankruptcy and has also left some of his belongings in the house. Can we sue him for the rent owed even though he has filed BK? How do we know which months he owes rent for if he moved out and didn't tell us? Is he still considered to be living there if some of his belongings are there or does he just get free storage space? Do we have to give him his belongings back or are they considered abandoned?


Asked on 5/31/06, 12:03 pm

2 Answers from Attorneys
Anthony Smith LawSmith

Re: Tenant didn't pay rent; moved out without notice

You cannot take any Court action while the Bankruptcy is pending (unless you get the automatic stay lifted by the BK Judge). You need to secure the facilites, but have no right to any right to exercise most other means of control over the house. It belongs to the deceased estate, not you.

Seeing that you are so far away, you need to hire a local attorney to assist you further. What County did the deceased live in when he passed? Is it the same county where the house in question is located?

Good Luck

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Answered on 5/31/06, 8:51 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Tenant didn't pay rent; moved out without notice

I can't advise you about Missouri law. You will need a Missouri attorney to do so. In California, we have a notice provision -- if we suspect the tenant has moved out, we will send a letter and there are procedures to follow. Also, in California, we would find out when the BK was filed. Any rent that accrued after that would not be part of the bankruptcy. Check with a MO lawyer about these issues. Good luck!

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Answered on 5/31/06, 12:20 pm


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